OJ Audio Tape Admissable ?
last i knew it was illegal to secretly record audio. wouldnt this tape be illegal and thus inadmissable ?
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Lawyer on the "Today" show this morning said the tape would never see daylight in a court of law. Said there were lots of places in it where it sounded like it had been edited, and a defense attorney would have a field day with it. 0 -
quote:Originally posted by BarkingDog
last i knew it was illegal to secretly record audio. wouldnt this tape be illegal and thus inadmissable ?
Secretly taping a conversation depends on individual state law. Some states ban it while others, such as Virginia, allow it as long as one of the parties knows it's being taped. In other words, you can tape your own conversation with a second party but a third party can't tape you unless you and/or the second party is aware of it. However, the OJ tape has probably been "contaminated" as evidence so it's probably a moot point.0 -
I think CA is one of the "one party" type states. As long as one party knows something is being recorded, its kosher.
Its admissibility would depend on a number of factors, primarily credibility. Can we trust that this tape is a true and accurate account of what was said by OJ? If we can't, it's relevance can be called into question as would its tendency to mislead a jury. Get a few hired gun experts on the stand assuming that it is admitted and they can turn manure into gold and vice versa.0 -
quote:I think CA is one of the "one party" type states.
Yeah, but it happened in Nevada.0
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